A Nursing Home, a Walled Garden and a €6 Million Dispute: Companies Take a Religious Order to Court Over Mount Anville Land

• Three companies claimed ownership rights over land held by the Society of the Sacred Heart in Dublin 14
• The site includes Cedar House nursing home and 1.5 acres known as the Walled Garden
• It was valued at between €4.9 million and €6.1 million
• The order said talks began in 2014 but no deal was ever concluded

A dispute over a nursing home and garden owned by a Catholic religious order in south Dublin was admitted to the fast-track Commercial Court list, the Irish Examiner reported in June 2018.

Care Prime Holdings Ltd, First Care Ireland Ltd and Beneavin Contractors Ltd claimed ownership rights over land held by the Society of the Sacred Heart at Mount Anville, Dublin 14. The property includes Cedar House nursing home and about 1.5 acres known as the Walled Garden, and was valued at between €4.9 million and €6.1 million.

The companies said agreements had been concluded and sought declarations that they had a proprietary interest, that the land was held on trust, and compensation for alleged misrepresentation and unjust enrichment.

The society rejected the claims. It said negotiations over a sale had taken place from 2014 but no agreement was ever concluded, and it ended the talks in November 2017. Mary Anne Carmel Flynn, representing the defendants, described the proceedings as “without substance” and “spurious”. Mr Justice David Barniville admitted the case to the Commercial Court list.

The case is a caution for anyone negotiating with a church or religious order over land, in Ireland or in Jamaica. Long talks, letters and draft terms can lead one side to believe a deal is done while the other believes nothing is binding. Both sides should be clear about when an agreement becomes legally binding and put key terms in a signed contract. Otherwise a sale can become a courtroom dispute that ties up valuable property for years.

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